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cpoulin (Colorado)
Posts: 35
Posted:
My HOA has been allowing proxies be renters, but our declaration clearly states that voting is reserved for Members Of The Association. In order to become a member of the association, you have to own a townhouse in our planned development.
Like wise, they have allowed a person who lives in their parents house, to take a position on the board of directors.
As you can see, I'm a bit confused by the decisions being made. If you give your signature as a proxy, then you give the association your right to vote in the meeting that you gave a proxy for.
Isn't this in affect a way of stating that you will agree to the majority rule on all subjects voted on in the meeting you gave the proxy for? Also, if the proxy is represented by someone who is not a member of the Association(leasee, renter, non-owner) why would they be allowed to vote on any matters at the meeting?
Thanks for any input that might help.

GlenL (Ohio)
Posts: 5,491
Posted:
When you purchased a home in the HOA you agreed to be bound by its documents and rules. So if a majority of H/O in person or by proxy vote to change something and it is a valid change then yes you are bound by majority rule. This is not to say that everything voted on by the majority is valid or legal.

Whether or not someone living with their parents can serve on the BOD should be covered in the CC&R's or in State law. If an owner gives their proxy to a tenant or lawyer or friend they would be able to vote in the homeowner's place. All that a proxy is is a limited power of attorney for a specific purpose and reason and can be given to anyone of legal age; in some states you can even get married by proxy.

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GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Glen's post about a proxy is right on target.

However, on another issue, if a person that does not own property, but simply lives in the community is on the board of directors, it could invalidate every decision the board has made if membership in the association is required for election to the board.

I do disagree with Glen when he writes, "So if a majority of H/O in person or by proxy vote to change something and it is a valid change then yes you are bound by majority rule. This is not to say that everything voted on by the majority is valid or legal." If something is not valid or legal even if it is the result of a majority vote, you are not bound by majority rule. (A far out example: you would not be bound by a majority vote to rob a bank.)
SusanW1 (Michigan)
Posts: 5,202
Posted:
George said: However, on another issue, if a person that does not own property, but simply lives in the community is on the board of directors, it could invalidate every decision the board has made if membership in the association is required for election to the board.

Only if you HAVE to show that vote made a difference in the outcome.
KirkW1 (Texas)
Posts: 1,665
Posted:
But hold the horses folks. We don't know what the documents state about membership to the Board. If the documents don't specify that one must be a member to serve, then the person is just fine period. Also, it is common to say the owner or member of their household may serve. Now you may win against a son or daughter but it will be an uphill battle. You will have the burden of showing that the son or daughter is not a household member.

As for a renter voting, if the owner gives the renter a proxy, then the matter is settled. If the owner does not execute a proxy then only the owner can vote. That is unless something grants an automatic proxy to the renter. This could be done in a rental agreement. It could also be done in the by-laws or covenants. Hopefully you would put language to allow the owner to retain their right to vote. But you could include language that indicates that if the owner fails to execute a proxy then one shall be assumed to the given to the renter.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Right on again, Kirk. I could not agree more on all points.

An interesting observation: Our declaration of covenants, articles of incorporation or by-laws make no reference whatsoever to a requirement that a board member be a member of the association (i.e. owner).
SusanW1 (Michigan)
Posts: 5,202
Posted:
Ours don't either, but they do say you have to be a "member in good standing" - so that implies being a member.
GlenL (Ohio)
Posts: 5,491
Posted:
We have had one person post here who was serving on the BOD and the MC removed her name from the ballot because her name was not on the deed which was required in her HOA. This person who lives in their parent's house may very well be on the deed or their documents may only require someone who resides in the community which is why I suggested cpoulin check the documents or Colorado law. Here is what Ohio's says for COA's:

5311.08 Unit owners association.
(A)(1) Every condominium property shall be administered by a unit owners association . All power and authority of the unit owners association shall be exercised by a board of directors, which the unit owners shall elect from among the unit owners or the spouses of unit owners. If a unit owner is not an individual, that unit owner may nominate for the board of directors any principal, member of a limited liability company, partner, director, officer, or employee of that unit owner.


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